The EB-1 visa category is for three categories of individuals: (1) individuals with extraordinary ability, (2) multinational managers and executives, and (3) outstanding professors and researchers. This category is the highest preference, and beneficiaries are not required to go through the PERM Labor Certification process in order to qualify. Individuals who qualify are eligible to receive green cards and become permanent residents of the United States once approved.
Moro Legal, LLC, advises and assists individuals, businesses, and educational institutions through the EB-1 visa process for U.S. permanent residence. Schedule an attorney consultation online today to begin your journey, or contact our office for more information.
Who is eligible for the EB-1 visa?
(1) Individuals with Extraordinary Ability (EB-1A)
- Individuals who show extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The individual’s achievements must be documented as recognized in his or her field through specific criteria as defined by USCIS.
- The individual may file their EB-1 visa petition on their own behalf. No offer of employment is required.
(2) Multinational managers and executives (EB-1C)
- For individuals seeking to enter the U.S., or adjust status, to continue working in a managerial or executive capacity for the same business they have worked for outside the U.S. for at least one year in the last three years preceding their EB-1 petition. Their employment outside the U.S. must have been in a managerial or executive position and with the same employer or a subsidiary or affiliate of that business.
- In many cases, an L1-A temporary visa holder working in the United States may be able to adjust to permanent resident status through the EB-1C visa category.
- The individual’s employer must file an I-140 petition on behalf of the manager or executive including proof of a permanent job offer in the United States. No labor certification is required. Once the petition is approved, the individual may file an application for permanent residence or adjust status.
(3) Outstanding professors and researchers (EB-1B)
- Professors and researchers seeking EB-1 visas must show international recognition for their outstanding achievements in an academic field. They must have at least three (3) years of experience in teaching or research in that academic field. They must be entering the U.S. to pursue tenure or tenure-track teaching positions at a university or other institution of higher education, or a comparable research position which may be with a private employer.
- Petitioners must provide substantial evidence to prove that they qualify as an “outstanding” professor or researcher (as defined by USCIS criteria) and an offer of employment from the prospective U.S. employer.
- The prospective employer must file an I-140 petition on behalf of the professor or researcher, including proof of a job offer. No labor certification is required. Once the petition is approved, the individual may file an application for permanent residence or adjust status.
Moro Legal, LLC, assists individuals, businesses, and educational institutions through the EB-1 visa and green card process. Contact us today to get started.
The content of this website is for general informational purposes only and is not a replacement for legal advice. Immigration law is a complex area of law that is constantly changing and this website cannot cover every facet of the law. Every case is different, and all individuals and businesses should consult with an immigration lawyer prior to filing any petition or application.